Md. Code Regs. 26.17.04.04
Current through Register Vol. 51, No. 22, November 1, 2024
Section 26.17.04.04 - Permit Applications - General RequirementsA. An application to the Administration shall include all studies, surveys, calculations, tests, and data necessary for determining the adequacy of the project design. The degree of investigation needed for a specific project is a matter of the Administration's judgment based upon the magnitude and impact of the project and the complexity of the site. The applicant shall demonstrate to the Administration that sufficient investigations have been made and that adequate allowances have been applied to the design. The Administration may waive a requirement not pertinent to the decision. In addition, the Administration may require the submission of additional information or data it finds appropriate.B. An application to the Administration shall include evidence of the benefits to be derived from the project. This evidence shall be stated in monetary terms or, when more appropriate, other quantitative or qualitative terms.C. A proposed project shall be consistent and compatible with overall basin, flood management, or watershed development plans, if any, prepared, adopted, or approved by the State or a local jurisdiction.D. An environmental study of the significant effects of the project may be required of the applicant by the Administration. The Administration may require that the study include an inventory of the existing vegetation, fish, wildlife, scenic, recreational, and historic values located within the project area. The study shall also include a description of mitigation measures proposed to minimize the potential adverse effects of the project.E. An application to the Administration shall include provisions assuring the maintenance and operation of the proposed project throughout the project's existence.F. Unless waived by the Administration, hydrologic calculations shall be based on the ultimate development of the watershed, assuming existing zoning.G. Information required by these regulations shall be submitted to the Administration, in a manner and form acceptable to the Administration, before the Administration will take final action on the application.H. The Administration shall furnish application forms for permits upon request. The owner of the proposed project or his duly authorized representative shall complete and sign the application form.I. When required in writing by the Administration, the applicant shall engage a qualified professional engineer, practicing in accordance with the laws of Maryland, to certify that the design meets all of the requirements of the Administration.J. The Administration may refuse to process an application until the applicant has certified in writing to the Administration that all local land use requirements, including zoning, special exceptions, variances or conditional uses, necessary for the location and operation of the proposed works have been satisfied. It is the applicant's responsibility to obtain State, federal, or local approvals not addressed in the regulations contained in this chapter. Obtaining a permit under this chapter does not relieve the permittee from obtaining other approvals as may be required.K. Hydrologic and hydraulic computations shall use methods in the public domain which are verifiable.L. Unless waived by the Administration, project plans shall include survey and topographic information that is referenced to a bench mark based on the National Geodetic Vertical Datum of 1929 which is incorporated by reference under 41 FR 20202 (1976).M. Final action on any application will be deferred pending receipt of an approved sediment and erosion control plan from the local soil conservation district, when the local approval is required under COMAR 26.17.01.N. An applicant shall agree to allow a reasonable inspection of the proposed project site by representatives of the Administration.Md. Code Regs. 26.17.04.04